No legal hurdles to launch fresh probe: Experts

Arjun Raghunath
01 Feb 2011

THIRUVANANTHAPURAM: With the fresh revelations about the role of IUML leader P K Kunhalikutty in the ice cream parlour case, there are no legal hindrances for the government to go in for a fresh probe against the former Minister. It is even possible to reopen the case, even though all the accused in the case have been acquitted by the court, say legal experts.


As per the law, a person who is either sentenced or acquitted in a case should not be subject to prosecution again. However, since the name of Kunhalikutty had not figured either in the First Information Report or the chargesheet of the ice cream parlour case, this legal protection is not applicable for him, according to legal experts.

“In the wake of the fresh revelations regarding the involvement of Kunhalitutty in the case, the police could suo motu register a case against him. Besides the sexual harassment charges, there is also scope for framing charges of influencing witness in a case as well as forgery, “ leading lawyer Cherunniyoor Sasidharan Nair said. The Kozhikode police have already registered a case against Kunhalikutty and Rauf for influencing the witnesses.

Congress MLA and lawyer George Mercier said that though there would be practical difficulties in reopening the ice cream parlour case, the government could order a probe against Kunhalikutty under Section 201 of IPC.

A senior IPS officer as well as a senior judicial officer with the State Government also shared the same opinion. Though Kunhalikutty’s name figured during the investigation into the case, he was not implicated in the case owing to the lack of evidence, especially after the change in the statement of Rejina who was one of the key witness in the case.

It is also pointed out that there are legal provisions to reopen the case by considering it as a rarest of rare ones. However, it may involve a tedious and time-consuming legal battle to reopen the case, the legal experts said.

“After obtaining sufficient evidence about the manipulations which had taken place in the case, the government could approach the Supreme Court seeking reopening of the case. However, there are chances of all those who have been acquitted in the case objecting to this and hence it will be a long and tedious legal battle. Hence, a better option before the government will be to initiate a fresh probe,” said Sasidharan Nair.